Workers Compensation Claim If Incident Was My Fault

Friday, October 22, 2010

Workers Compensation Claim If Incident Was My Fault

Written by Malman Law, reviewed by Steve J. Malman.

Yes. Workers compensation is a “no fault system.” This means that any time you are injured while performing your job, even if the injury is a result of your own negligence or recklessness, you are eligible to file a workers compensation claim.

While a Chicago workers compensation lawyer can explain specifically what constitutes a workers compensation injury, for the most part it can be defined by the following questions:

• Are you an employee?
• Did you sustain an injury?
• Did the injury:
  1. Happen while you were employed,
  2. Occur as a result of performing your job function, and
  3. Cause you to be impaired and/or lose wages.

If the answer to the above questions is “yes,” most likely you are eligible to file a workers compensation claim.

If you still aren’t sure if your work-related injury should be covered by workers compensation, you should look to a Chicago workers compensation lawyer and your local workers compensation board. They have the knowledge and expertise to guide you through the process of filing a claim. Your employer may not be your best resource, as workers compensation claims can be costly on their end and most employers prefer to avoid work related injuries altogether.